Courts Agree Artificial Intelligence Isn’t Human, So AI Cannot Patent

Earlier this week, the Federal Circuit Court ruled that artificial intelligence (“AI”) systems cannot patent inventions. This comes as little surprise to most experts in the field, but the Federal Circuit Court’s ruling is a welcome confirmation.

AI Isn’t Human, So AI Cannot Patent

Citing the Patent Act, the U.S. Federal Circuit Court based their decision on the basic premise that AI systems are not human beings. Focusing on the word, “individuals,” the Federal Circuit Court noted that the Supreme Court had held that “individuals” is defined by law as a “human being” or a “person.” The Federal Circuit Court also noted the use of personal pronouns of herself/himself as opposed to “itself,” which would be more appropriate for an AI system.

The Federal Circuit Court goes on to say that the plain meaning of the text clearly means that AI systems are not to be considered as inventors, and inventors can only refer to natural persons. The Federal Circuit Court’s holding does not leave room for interpretation, stating that there is no ambiguity in the reading.

Different Jurisdictions Agree AI Cannot Patent or Create IP Rights

This holding is in line with previous federal rulings as well as international law. The U.S. Patent Office denied patent to an AI system in 2020, which was upheld on appeal in 2021. Likewise, the U.S. Copyright Office denied copyright to an AI system in 2019, which was upheld in 2022. The European Union has also held that AI systems cannot hold patents.

The petitioner, Stephen Thaler, who is a computer scientist that was the petitioner for the aforementioned AI system copyright and patent applications, plans to appeal the decision. He argues that the continuation of disallowing AI systems to hold intellectual property rights is shortsighted and has negative social consequences.

Key Takeaways on Artificial Intelligence and IP Rights

The Federal Circuit Court holds that AI systems cannot patent inventions. This ruling is:

• Based on holdings that the Patent Act restricts inventors to human beings;

• Is in line with a similar EU holding; and

• Confirms previous similar AI-related holdings by the U.S. Copyright Office as well as the U.S. Patent Office.

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